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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 13386
Experience:  Barrister 17 years experience
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Ex husband is wanted for domestic violence crimes against

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Ex husband is wanted for domestic violence crimes against myself found guilty of charges and warrant issued . . Has took refuge in Southern Ireland and is seemingly untouchable can I refuse to cooperate with an Irish solicitor and are there any laws that protect myself from communication with them (I do not wish to cooperate until he hands himself in to a British police station)

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Customer: replied 16 days ago.
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Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  You are not obliged to co operate with a Southern Irish solicitor who works for your husband, as you have no obligation to do so.  You can ignore his requests that you cooperate with them.  Essentially, the law is that you are free to ignore any requests they might make of you in relation to the matter.   As the victim of the crime, you are protected under Irish law from having the perpetrator contact you and you can get the Irish Gardai to intervene if the communications from your ex husband and his solicitor are too much for you.  So, make a complaint to An Garda Siochana about the issue if it is unduly bothersome and you find it harassing.  The solicitor will be aware of the law in this regard and you should point out to him that he is not to contact you again whilst your ex husband´s been found guilty of domestic violence towards you.  Ultimately, you should also formally write to the Gardai and ask that they arrest your ex husband and ensure he faces justice in the UK and can no longer take refuge in the Republic of Ireland.  In your letter, you should also set out that you don´t want your ex husband or his solicitor to contact you whilst the matters remains live and your ex husband has not returned to face justice in the UK.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 15 days ago.
What emergency court order can I apply for to free joint equity in a property to release funds to pay for legal representation (not eligible for legal aid due to equity in property) and means of income have been severely affected due to slander and malicious communications from my estranged husband from Southern Ireland

3.  I don´t know of any court order you can apply for to free joint equity in a property to release funds.  Essentially, a lender will lend you money, if it believes it will get it paid back.  You can secure the loan on the jointly owned property.  However, you would normally seek to get Court Orders made in a divorce or legal separation to get yourself declared owner of the property or to give you a percentage in the property.   This would normally be the preliminary step in a divorce.  However, to pay for legal representation, you would be better off approach a commercial lender and get them to lend to you on the strenght of your jointly owned property.  You just need to make sure it is owned as tenants in common and not joint tenants.  If the property is owned as joint tenants, then you need to serve a Notice of Severance of the Joint Tenancy to sever the joint tenancy.  Getting a loan secured on the jointly owned property would also sever the joint tenancy.  So, just check to see the nature of the joint ownership.

Buachaill, Barrister
Category: Family Law
Satisfied Customers: 13386
Experience: Barrister 17 years experience
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